Court of Justice EU: The lawful purchaser of a computer program may decompile that program in order to correct errors
26-01-2022 Print this page
The lawful purchaser is entitled to decompile all or part of the computer program to correct errors in accordance with article 5 section 1 directive 91/250 (Computer Programs Directive), including when the correction consists in disabling a function that is affecting the proper operation of the application of which the program forms a part of. This interpretation is not called into question by Article 6 of Directive 91/250 which, contrary to Top System’s submission, cannot be interpreted as meaning that the only permitted decompilation of a computer program is that effected for interoperability purposes. The lawful purchaser of a computer program is not required to satisfy the requirements laid down in Article 6 of the Computer Programs Directive when he wishes to decompile that program in order to correct errors affecting the operation thereof; Any use of such decompilation may only be conducted to the extent necessary to effect that correction. Decompilation may only be conducted in compliance with the conditions laid down in the contract with the holder of the copyright in that program and the end result of decompilation may not be used for purposes other than the correction of errors. Any reproduction of that code remains subject to the authorisation of the holder of the copyright in that program.
This request was filed in the context of a dispute between Top System SA and the Belgian State over the decompilation by Selor, the recruitment agency of the federal government (Belgium), of a computer program developed by Top System that is part of an application for which this recruitment agency has a license to use.
In the first place the acts referred to in in this article have to be necessary for the use of the computer program by the lawful acquirer in accordance with its intended purpose, including for error correction.
Secondly, it follows from the wording of Article 5(1) of Directive 91/250 that the decompilation of a computer program must be "necessary" for the lawful purchaser to be able to use the program in question for its intended purpose.
Thirdly, according to the wording of Article 5(1) of Directive 91/250, errors can be corrected unless "In the absence of specific contractual provisions."
According to article 4 (b), any reproduction of that code remains subject to the authorisation of the holder of the copyright in that program.
On those grounds, the Court hereby rules:
1) Article 5(1) of Council Directive 91/250/EEC (…) on the legal protection of computer programs must be interpreted as meaning that the lawful purchaser of a computer program is entitled to decompile all or part of that program in order to correct errors affecting its operation, including where the correction consists in disabling a function that is affecting the proper operation of the application of which that program forms a part.
2) Article 5(1) of Directive 91/250 must be interpreted as meaning that the lawful purchaser of a computer program who wishes to decompile that program in order to correct errors affecting the operation thereof is not required to satisfy the requirements laid down in Article 6 of that directive. However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the holder of the copyright in that program.
IPPT20211006, CJEU, Top System
ECLI:EU:C:2021:811 / C‑13/20
